JOHNSON v. G.E.M. SUNDRIES CO.

No. 4055.

43 Haw. 103 (1959)

JOHNSON & JOHNSON, INC., A NEW JERSEY CORPORATION v. G.E.M. SUNDRIES COMPANY, INC., A NEVADA CORPORATION.

Supreme Court of Hawaii.

Decided January 16, 1959.


Attorney(s) appearing for the Case

Frank D. Padgett (Robertson, Castle & Anthony with him on the briefs) for appellant.

Robert G. Dodge (Heen, Kai, Dodge & Lum on the briefs) for appellee.

Stanley A. Weigel (Landels, Weigel & Ripley and Pratt, Tavares & Cassidy with him on the brief) for Parker Pen Company as amici curiae. (Roy A. Vitousek, Jr., present but did not argue.)

RICE, C.J., STAINBACK AND MARUMOTO, JJ.


OPINION OF THE COURT BY STAINBACK, J.

This action was brought under the provisions of the Hawaii Fair Trade Act (chapter 205, Revised Laws of Hawaii 1955) to enjoin the defendant-corporation from selling the products of appellant at less than the fair-trade price fixed by appellant.

The complaint alleges that the appellant is a New Jersey corporation transacting business in the Territory of Hawaii, while appellee is a Nevada corporation also transacting business...

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